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- E.D. MO - Doctrines of Futility and Repudiation Are Different Under ERISA
- S.D. NY - Court Dismisses State Street Bank and Related Entities from Breach of ...
- Happy Thanksgiving!
- No Posts ‘Til Tuesday - Have A Good Holiday!
- D. Kansas - On § 1140 Claim, Back Pay Unavailable, But Front Pay Might Be
- N.D. Cal. - Court Summarizes Verdicts Against Unum
- D. Colorado - Generally, Requiring Execution of Release As Condition Precedent To...
- W.D. LA - Actual Signature Of Employer Not Required To Bind Employer To CBA
- Test
- Site Down Due To Technical Problems
- Anti-Assignment Provision Blocks Medical Provider’s Derivative Benefit Claim - D. NJ
- Asking Inappropriate Question of Reviewer Is Not Abuse of Discretion - N.D. Tex.
- Court Rebuffs Children in Terrible Decision - E.D. MO
- Twelve Factors for Determining Amount of Fee Award In Fourth Circuit - W.D. NC
- Doctor’s Job Was Administrative Where He Was Being Accommodated for Years After . . .
- HIPAA Is Not A Basis To Strike Memo of Conversation Between Insurer’s Physician . . .
- Nevada State Law Preempted By ERISA - S. Ct. Nev.
- New Jersey Anti-Discrimination Law Preempted By ERISA - D. NJ
- Aetna Didn’t Abuse Discretion By Relying Upon “Paper Review” Medical . . .
- ERISA Insurer’s Subrogation Claim Untimely - W.D. NY
- LTD Insurer Gets Offset Where Plaintiff Voluntarily Effects Early Retirement . . .
- Employer Not Entitled To Recover Overpaid Fund Contributions - E.D. MO
- FedEx Does Not Owe Severance Benefits When Claim Forms Submitted Beyond A . . .
- LTD Plan’s Reliance on Paper Review Is Evidence of Bad Faith - N.D. Cal.
- Hartford Need Not Demonstrate Insured Can Work “Full-Time” To Deny WOP . . .
- “Mailbox Rule” Defeats Plaintiff’s Claim That No SPD Was Provided - D. Nev.
- Right To Jury Trial With Claims Under Both ERISA and LMRA Together - S.D. Ind.
- Insurer Has No Obligation to Provide List of All Cases In Which Retained . . .
- Ex-Wife Waives Right To Death Benefits Under State Law Despite Kennedy - E.D. Mich.
- Health Insurer Takes Entire Personal Injury Recovery, But Doesn’t Argue . . .
- Unum’s Reassessment Process Is Not A New Claim Denial For SOL Purposes - 5th Cir.
- Sedgwick’s Denial Letter Complies With ERISA - 2nd Cir.
- Employer/Health Plan Sponsor’s State Claims Against Claims Administrator Not . . .
- LTD Claimant’s Failure To Provide Requested Information Precludes Claiming . . .
- Court Allows Significant Discovery Against Unum Based Upon Past History - S.D. NY
- Court Decertifies Class Based Upon Statute of Limitations for Each Individual . . .
- Washington’s Mental Health Parity Act Not Preempted by ERISA - W.D. Wash.
- Big Win For Medical Providers - Distinction Between “Existence” and “Extent of . . .
- Pleading Lesson For Plaintiffs’ Attorneys - Pre-Judgment Interest Denied Under . . .
- Res Judicata Does Not Apply To NLRB Decision - E.D. MO.
- Participant That Erroneously Received Distribution of Benefits Lacks Standing . . .
- Plan Properly Denied Benefits Where Participant Refused To Sign A Subrogation . . .
- Overview of Supreme Court’s Cert. Grant on Healthcare Law
- SPD With Discretionary Language Must Be Incorporated Into Plan Document To Be . . .
- Does Michigan Correctional Facility Reimbursement Act Violate ERISA - E.D. Mich.
- No Statutory Penalty For Administrator’s Failure To Provide Account . . .
- Benefit Claim SOL In Kentucky Is 15 Years - W.D. KY
- Location of Plaintiff’s Counsel Not A Venue Factor - N.D. Cal.
- Prudential Abused Discretion By Ignoring Social Security Determination and Not . . .
- Aetna Abuses Discretion In Denying Benefits Under FedEx LTD Plan - E.D. Mich.
- Attorneys Fees Allowed Against Health Plan For Defending Hospital’s Collection . . .
- Administrative Record Must Contain All Documents Available To Insurer - M.D. LA
- ERISA Preemption Is Federal Law’s Mark McGuire - E.D. KY
- Hartford’s Request For Additional Information Restarts Limitations Period - 2nd Cir.
- $200,000.00 Life Insurance Not Payable Despite Clear Representation That Coverage...
- Medical Provider Demonstrates Futility For Exhaustion Purposes Where ERISA . . .
- District Court Addresses Frommert v. Conkright In Light of Supreme Court’s . . .
- Fiduciary Duty Requires Prudence, Not Prescience - E.D. PA
- Evidence of Unum’s “Roundtable” Meetings To Triage The Most Expensive Claims . . .
- Insurer’s Denial of $871,000.00 In Medical Bills From Car Wreck Upheld on . . .
- Medical Provider’s Claim As To Right of Rather Than Rate of Payment Is . . .
- Happy Thanksgiving to Everyone!
- Jury Trial May Be Held In Unpaid Contributions Case - D. Neb.
- Insured May Pursue Alternate Benefit and Breach of Fiduciary Duty Claims Under. . .
- No Right To Jury Trial With ERISA Benefit Claim - D. PR
- Plaintiff Friendly Chronic Fatigue LTD Opinion - N.D. Cal.
- Plan Reasonably Requires Objective Proof for Claimant’s Adnominal Pain - S.D. W. Va.
- Pennsylvania Probate Code Preempted By ERISA - Sup. Ct. PA
- District Court Strikes LINA’s Answer For Inadequate Pleading - N.D. Ill.
- No Breach of Contract for Depositing Life Insurance Proceeds In Alliance . . .
- ERISA Benefit Overpayment Not Dischargeable In Bankruptcy - D. MA.
- Futility Exception Does Not Apply To LTD Claim Because STD Was Previously . . .
- No Federal Question Jurisdiction Under ERISA For Collecting On Judgment - N.D. Ill.
- Requiring Plan to Pay Judgment Does Not Violate ERISA’s Anti-Alienation . . .
- LINA Improperly Terminates Disability Benefits - N.D. Cal.
- Claim Appeal 2½ Years After Denial Not Untimely Because of Amara - D. MA.
- Six Year S.O.L. For Challenge To “Whipsaw” Calculation - S.D. Ohio
- Hartford Abused Its Discretion Relying Upon “File Reviews” - E.D. Mich.
- Double Recovery For Paralysis and Amputation Due To Same Accident - D. Utah
- Breach of Fiduciary Duty Plaintiff Must Show Actual Causation Between Loss to . . .
- Prejudgment Interest on ERISA Benefit Award Not Measured By Interest Rate . . .
- Complaint Allegations Insufficient to Establish ERISA Plan For Preemption . . .
- LTD Plan’s Reliance On Surveillance Over Emphasized - 1st Cir.
- Law Firm Is A Proper Defendant On Overpayment Recovery Claim - N.D. Ill.
- Hartford’s Reliance on Paper Reviews Implicates Culpability and Deterrent Effect...
- 29 U.S.C. § 1132(c) Civil Penalty Claim Is Penal in Nature - D. Col.
- $600.00 Per Hour Is Reasonable For ERISA Attorney In California - C.D. Cal.
- Counterclaim Resting On Contingent Future Events Not Ripe - S.D. NY
- Claim Person Deposition Allowed To Determine Why Some Evidence Emphasized - E.D. PA
- Commercial Insurer Not Liable For Medical Bills Not Paid By ERISA Plan . . .
- Second Level of Appeal Excused on Futility Where Plaintiff Had No More Records . . .
- ERISA Preemption Determination Not Confined to Administrative Record - D. Kan
- Court Weary of Discovery Motions Issues Directive to Bar - D. Colorado
- Puerto Rico Labor Law Preempted by ERISA - D. PR
- Properly Filed STD Claim Does Not Automatically Establish LTD Claim - D. Minn.
- Discretionary Language in SPD Is Part of Plan Document If Not Inconsistent . . .
- Joyner v. Continental Casualty, S.D.N.Y.
- The Term “Employee” Is Ambiguous On Its Face - E.D. NY
- Expressio Unius Est Exclusio Alterius - S.D. Ohio
- Insurer’s Requirement That Claimant Demonstrate Restrictions and Limitations Is . . .
- No Posts From December 22, 2011 through December 27, 2011
- Missouri Slayer Law Preempted by ERISA
- Court Discusses “Trade or Business” for MPPAA – 7th Cir.
- Insurer Cherry-Picking Evidence Establishes Culpability for Attorney Fee Award
- Plan Can Waive Enforcement of Anti-Assignment Provision – N.D.Ill.
- Plaintiff’s Disability Dooms His §510 Retaliation Claim – N.D.Ill.
- Plan Provided Through Organization Open To Non-Active Employees Is Not An . . .
- Court Allows Discovery Against Verizon Due To Alleged Procedural . . .
- No Coverage Under Regular ERISA Life Insurance Policy and Conversion Policy . . .
- LINA’s AD&D Policy’s Aircraft Crash Exclusion Is Unambiguous - W.D. Va.
- Causation Requirement Implied In Intoxication Exclusion of AD&D Policy - D. NJ
- Participation in Self-Funded Health Plan, By Itself, Insufficient For § 510 . . .
- Medical Providers’ Failure To Identify ERISA Plan Fatal to Its Pleading Against . . .
- Validity of Rule 68 Offer of Judgment Addressed Before Judgment Entered - E.D. NY
- Court Distinguishes Lasser Risk of Future Harm - M.D. PA
- Good Overview of Law for Awarding Fees to Interpleading Insurer - D. Ariz.
- State Slayer Statute Principles Incorporated into ERISA Fiduciary Duties - E.D. PA.
- Insurer’s Decision Affirmed Based Upon Surveillance of Plaintiff - E.D. NY
- Court Orders Remand Rather Than De Novo Review Despite Insurer’s Admitted . . .
- Administrator’s Reconsideration of Claim Did Not Waive Statute of Limitations . . .
- Insurer’s Claim Manual Produced Under Fiduciary Exception To Attorney-Client . . .
- Plaintiff Friendly Legal Overview About Insurer’s Failure To Address SSDI . . .
- Insurer Cannot Recover Overpay LTD Benefits Where Policy Language Only Allows . . .
- Insurer Cannot Depose Plaintiff Under Abuse of Discretion Standard - S.D. NY
- Another Court Excuses Plaintiff From Exhaustion Requirement Contained Only . . .
- DRO Issued After Participant’s Retirement Not Enforceable - Minn. Ct. App.
- Plaintiff Can Seek Attorney’s Fees Even If ERISA Benefit Claim Approved, and . . .
- Michigan Anti-Discretion Statute Doesn’t Apply To Self-Funded Plans - E.D. Mich.
- Insurer’s Policy Interpretation That Renders Policy Language Superfluous is . . .
- Prudential’s Benefit Approval On Individual Policy Relevant To Denial Under . . .
- Something You Never Want To See In An Order - S.D. NY
- Insurer Can Weigh Credibility of Reviewing Physicians - 8th Cir.
- “Jaw Joint” Exclusion Precludes Coverage for Jaw Replacement Surgery - W.D. OK
- Hospital’s Texas Law Claim Based On Health Insurer’s Alleged Misrepresentation . . .
- Statute of Limitations Tolled During Administrative Review Process In Eleventh . . .
- Estate Recovers ERISA Benefits Against Ex-Wife on A State Law Breach . . .
- Procedural Issue Decides Appropriateness of Alternate Remedies of Payment . . .
- Pension Amount Dispute Claim Cannot Be Waived By Release - S.D. Ill.
- “Proper Written Proof” of Loss Language Doesn’t Confer Discretion - E.D. Mich.
- Illinois Anti-Discretion Language Trumps Policy Language - N.D. Ill.
- French Healthcare Not So Bad - D. MA
- Second Circuit Reverses Decision Against MetLife on Proof of Insurability Issue. . .
- Virginia Anti-Subrogation Law Preempted by ERISA With Self-Funded Plan - W.D. Va.
- Court Refuses to Strike Jury Trial Demand on Restitution Claim - D. Conn.
- ERISA Discrimination Claim Dismissed Because Employee’s Termination was due to....
- Plaintiff’s LTD Claim Time-Barred Pursuant to Plan Term – D.Ct.
- Dist. Minn. Werb v. ReliaStar, Goodrich LTD Plan
- Important - Whether Plaintiff Is A “Participant” Is A Substantive Element of . . .
- Health Insurer’s Recoupment of Duplicate Payment Not Subject To . . .
- Video Surveillance Supports Unum’s Claim Decision - W.D. Ark.
- Court Affirms Denial of Disability Benefits Based Upon Paper Reviews - S.D. Ala.
- Business Owner With Advantage of Unum’s Flex Bill Discount Establishes ERISA . . .
- External Review of Health Insurance Claim Not Required To Exhaust . . .
- If You argue You Absolutely Didn’t Work, Don’t Argue Alternatively That You . . .
- Failure To Have IME Done Results In Reversal of Claim Denial - E.D. PA
- Civil Conspiracy Claim Against Health Insurers Preempted by ERISA - D. NJ
- Claim Administrator Proper Defendant On ERISA Benefit Claim - M.D. PA
- Substantive Denial of Untimely Claim Appeal Does Not Establish Futility - M.D. Ga.
- Dismissal Rather Than Remand is Remedy Where a Plaintiff Brings State Law . . .
- Plaintiff Gets A Remand Due To Aetna’s “Numerous Procedural Errors” - D.S.C.
- Hospital Overcomes Anti-Assignment Provision by Claiming To Be Participant’s . . .
- Failure To Keep Adequate Records Claim Cannot Be Brought Pursuant To . . .
- Health Insurer Reasonably Relies Upon Medicare’s RBRVS Methodology to Determine . . .
- Hartford Reasonably Disregarded Social Security Determination Where Insured . . .
- Court Denies Attorney’s Fees Because Two Wrongs Make A Right - E.D. Wisc.
- Plan’s Internal Two Year Limitation Period Reasonable - D. NJ
- LTD Insurer’s Claim For Overpayment Allowed Under § 1132(a)(3) - N.D. Ohio
- Borrowing Statute Trumps New York’s Six Year Statute of Limitations - 2nd Cir.
